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(영문) 청주지방법원충주지원 2016.12.21 2016가단22519

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 18, 2008, the Defendant entered into a contract to establish a mortgage (hereinafter “instant real estate”) with respect to each of the real estate listed in the separate sheet No. 1 attached to the company owned by the said company (hereinafter “instant real estate”) on February 18, 2008, between Dworkter Lease Construction Co., Ltd. (hereinafter “JJD Construction”), with the limited maximum debt amount, and on February 19, 2008, the Defendant completed the registration of establishment of a mortgage on each of the instant real estate on February 19, 2008.

(2) On February 26, 2008, the Defendant entered into a credit transaction agreement between the Dworkter Down Construction and the Defendant for a loan of KRW 580,000,000 with a general loan limit of KRW 580,00.

B. On July 25, 2008, in the name of the above new building, a building was newly constructed on the ground specified in [Attachment 1.3] list, and the registration of ownership preservation was completed for the said new building in its name.

On July 25, 2008, the Defendant entered into a mortgage contract with the maximum debt amount of 300,000,000 won as a joint collateral between the real estate in the attached Table 1.3 and the above new building as a joint collateral, and completed the registration of establishment of a collateral for each of the above real estate on the same day.

(2) On August 1, 2008, the Defendant entered into a credit transaction agreement between Down-Jel Construction and Down-Jel Construction with a general loan limit of KRW 100,000,000, and loaned KRW 100,000 to the above company.

C. In addition, the C. D. D. C. on the ground of the real estate listed in Annex 1. List No. 13, a building listed in Annex 2 (hereinafter “instant building”) was newly constructed, and on May 25, 201, a registration of preservation of ownership was made in its name on the instant building.

On May 25, 2011, the Defendant entered into a contract to establish a right to collateral security, which constitutes a maximum maximum debt amount of 140,000,000 with respect to the instant building, as a limited collateral with respect to the instant building, and on the same day.